That is up-charging and up-charging is a violation of RESPA and I can speak from experience. One of my first tasks after being hired was to clean up a reimbursement order. Our vendor lowered their price and no one made the adjustment in the system and I had to scrub 2 years (back to the date the price was lowered) of files and make appropriate refunds. Needless to say my first 60 days here was not fun.
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The opinions expressed are mine and they are not to be taken as legal advice.